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Conveyor Currents July 12, 2013
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| Upcoming Dates |
2014
January 15-16, 2014 Grain & Feed Industry Conference, Embassy Suites, Monterey, CA
April 23-26, 2014 CGFA Annual Convention ~ The Sheraton Resort, Maui, HI
2015
April 22-25, 2015 CGFA Annual Convention - The Monterey Plaza Hotel on Cannery Row.
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| Quick Links |
California Dept. of Food & Ag
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| DOT Grants Temporary Waiver to Livestock Haulers on HOS Rest Requirements | |
In response to a petition from several state, regional and national agriculture organizations, the Federal Motor Carrier Safety Administration (FMCSA) granted this week a temporary, 90-day waiver from federal hours-of-service regulations requiring drivers to rest for 30 minutes every eight hours. The waiver also supersedes "inconsistent" state and local requirements.
The ag groups argued that requiring drivers hauling livestock and poultry to rest effectively shuts down ventilation of trucks carrying live animals, putting the animals at risk. They also argued that given the long-term summer forecast of higher-than-normal temperatures in several parts of the country, it was in the animals' best interest to waive the required driver rest period.
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| House Passes Ag-Only Farm Bill 216-208 | |
It was supposed to take just an hour, but wound up taking the whole day due to political maneuvering to kill the measure, but in the end House GOP leadership passed an agriculture-program-only Farm Bill yesterday by a narrow 216-208 vote. No Democrat voted for the bill, as the minority invoked procedural after procedural vote to delay the measure and allow them to speak against it. Sixteen Republicans voted against the bill, a far cry from the 62 who voted "nay" on the conventional Farm Bill three weeks ago.
The strategy of splitting the House Agriculture Committee-approved Farm Bill into a farm program-only bill and one reauthorizing federal food stamp, nutrition and feeding programs was a highly controversial and risky political gamble for House leaders. The move pitted traditional ag interests opposed to the move - committee ranking member Rep. Collin Peterson (D, MN) actively spoke against the bill on the floor - against those who saw it as the only way to get a Farm Bill to conference with the Senate. The move also guts the estimated savings in the bill, with the Congressional Budget Office (CBO) reporting this week the bill as passed by the House represents about $13 billion in savings over 10 years, compared to nearly $40 billion in the committee-approved bill.
Pledging to work with anyone, any time, House Agriculture Committee Chair Frank Lucas (R, OK), called passage a "huge step forward" in getting the bill to conference with the Senate. Peterson said after the vote, "The House majority's decision to ignore the will of more than 500 organizations with a stake in the farm bill, setting the stage for draconian cuts to nutrition programs and eliminating future farm bills altogether would be laughable if it weren't true."
Senate Agriculture Committee Chair Debbie Stabenow (D, MI), displeased with the House action, released a statement, saying, "The bill passed by the House today is not a real Farm Bill, and is an insult to rural America, which is why it's strongly opposed by more than 500 farm, food and conservation groups." She said it's obvious the Senate Farm Bill will be the base bill for conference committee action.
The bill approved yesterday took the ag committee-passed Farm Bill, generally as amended on the House floor three weeks ago, removed Title IV, the nutrition section, and added a section repealing 1949's so-called "permanent law." It's these farm laws passed in the 1930s and 1940s - setting archaic supports for just a few commodities and requiring reauthorizing a Farm Bill every five years - which make up the fall back should a new Farm Bill not be enacted. The 2013 bill replaces 1949, and requires "permanent" law be updated every five years. No other amendments were permitted.
Ag Opposed the Split--Farm and crop production groups generally supported keeping the two sections of the bill in one legislative package. A letter supporting this approach from over 530 state, regional and national groups went to House leadership last week. However, nearly all groups were careful not to actively oppose the ag-only bill, but several expressed concern about repealing 1949 permanent law and replacing it with the 2013 farm program language - particularly if they disagree with commodity program rewrites - without committee discussion or floor debate. By making the 2013 version "permanent" law, commodity programs continue if Congress never writes another Farm Bill.
However, this provision is likely not going to survive in conference, insiders said, and critics contend it will make writing future farm bills tougher. Lucas grudgingly agreed to the floor strategy earlier this week, but his public statements make it clear his goal was to try anything that got his committee's bill into conference with the Senate's approved bill, where critics argue the nutrition title could be reattached to the conference report.
House Democrats fighting to save the food stamp program denounced the strategy, taking to the floor throughout the day and accusing Republicans of taking food away from children. They fear a stand-alone nutrition bill may never appear or that deeper spending cuts would be demanded on the House floor. Outside groups who strongly opposed the Farm Bill defeated last month, declared their opposition to an ag-only bill claiming it does not cut USDA spending enough, particularly in the crop insurance title. Agriculture Secretary Tom Vilsack also said he wants to see the Farm Bill contain both ag and nutrition programs, even though President Obama threatened a veto of the bill approved by the full committee and the revised package.
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| Can House, Senate "Farm Bills" be Reconciled without Nutrition Title? |
Ag insiders this week contend House leadership may have won the Farm Bill battle, but may lose thwar to reauthorize farm programs as the House and Senate Agriculture Committees now try and reconcile the two bills - the Senate bill conventional, nutrition title intact, and the House bill with no nutrition title - creating a package both chambers will approve and the President will sign.
The simple answer to whether the two bills can be conferenced is "yes," experts say. The two bills are more than 80% alike and, the nutrition title notwithstanding, can be blended into a third version of farm program reauthorization. Conventional Farm Bill wisdom holds the House writes a bill, the Senate writes a bill, and a third bill is written in conference committee, sometimes bearing little resemblance to the chambers' respective legislation.
However, while Senate Agriculture Committee Chair Debbie Stabenow (D, MI) says she'll "deal with whatever they send us...and send something responsible back," Rep. Collin Peterson (D, MN), House ag panel ranking member, said this week he sees a rocky road to conference.
"There has been no assurance from House leadership that passing this bill will allow us to begin to conference with the Senate in a timely manner," Peterson told CQ after he voted against the bill. He contends House leaders told their members there would be no conference committee action until "concessions" are agreed to by the Senate before conference, "disregarding regular order...leaving the bill hanging with nothing getting done." House leaders have made no public statements about concessions as a precursor to naming conferees.
If conferees do not agree on including a nutrition title, it can be reauthorized independently as its operation does not rely on being part of the Farm Bill. House ag Chair Frank Lucas (R, OK) said his committee would tackle the programs under its jurisdiction, but if that failed, the Appropriations Committee could take on the job of ensuring nutrition program funding.
Ag groups are cautiously optimistic a new bill they can support will emerge from the conference committee. However, the National Corn Growers Assn. (NCGA) said in a statement, "We urge members to the House to approve the bill and we expect immediate action by a conference committee...our action in no way reflects our approval of its (the bill's) contents or the manner in which it came to floor. Unless significant change is made to the bill in conference committee, we will strongly urge its rejection by the Senate and the House."
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| Senate Ag Committee Holds Smithfield-Shuanghui Purchase Hearing | |
The Senate Agriculture Committee this week held a 90-minute hearing on the food safety, national security, export competition and technology implications of the proposed $7.1-billion purchase of Smithfield Foods by Shuanghui International. No committee member led cheers for the proposed acquisition - and most expressed at least some concerns - but when the dust settled there was no committee consensus on whether the deal was good or bad for U.S. pork production, the economy overall or U.S.-China relations.
Witnesses at the July 10, hearing were Larry Pope, Smithfield president and CEO; Daniel Slane, commissioner, U.S. Chamber of Commerce U.S.-China Security Review Commission; Dr. Matthew Slaughter, associate dean and professor, Tuck School of Business, Dartmouth College, and Dr. Usha Haley, professor and director of the Robbins Center for Global Business & Strategy, West Virginia University.
Pope was low-key but emphatic in his defense and explanation of the proposed purchase of Smithfield. He emphasized no negative impacts on U.S. pork safety and described the deal as "the same old Smithfield, only better." He used many of the public talking points the company has rolled out over the last few weeks. He said he'd heard no opposition to the deal from any major producer in the pork industry, and stressed the "overwhelming" support for the Smithfield purchase as the industry saw it increasing pork production and exports overall. Slaughter also strongly supported the deal, minimizing concerns over food safety and last export markets, while Slane and Haley issued warnings the deal signaled the first of many such moves into the U.S. food industry by Chinese companies, that Shuanghui was strongly and directly influenced by the Chinese government and that Smithfield's U.S. competitors would suffer as the Chinese moved to corner the global pork market.
Committee Chair Debbie Stabenow (D, MI), a leading critic of the Smithfield-Shuanghui deal, expressed concerns about Chinese government interference, future exports of Chinese pork to the U.S., lost U.S. export markets, and Chinese access to tax dollar-supported technologies enjoyed by the domestic pork industry. As part of her closing statement, she indicated the committee would immediately adjourn to a meeting with Department of Treasury representatives involved in the national security review of the Smithfield-Shuanghui deal.
Committee members either minimized the concerns or echoed the critics of the Smithfield-Shuanghui deal. Sen. Mike Johanns (R, NE) made it clear there was little the ag committee or the federal government could do to stop the Shuanghui acquisition under current law. Two points of agreement did emerge: First, Senators were uncomfortable that a Chinese company could legally buy a U.S. firm, but a U.S. firm couldn't buy a Chinese company, and they wanted additional assurance that was good for Smithfield in the short term was good for the country in the long term.
Slane said the deal is "all about control" sought by China, access to intellectual property and the eventual move by China to take over U.S pork markets overseas. Haley, whose center studies the implications of foreign investment in the U.S., said "I don't think Shuanghui is buying Smithfield for its pork. China is not seeing this as one acquisition; China sees this as a foot in the door." She went on to say acquisition of intellectual property and the reputation of the Smithfield brand will go far in calming domestic customer problems over food safety, whether real or perceived.
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| House Hangs Tough on Immigration Stance; Reid Challenges Boehner: Take Senate Bill |
Senate Majority Leader Harry Reid (D, NV) challenged House Speaker John Boehner (R, OH) to bring the Senate's immigration bill and Farm Bill to the House floor, but Boehner had none of it as the House narrowly approved its Farm Bill, and the Speaker told reporters this week, "The Senate immigration bill is dead on arrival - again."
Boehner has made it clear over the last several weeks his party will not accept the Senate's comprehensive immigration reform package or its approach to immigration law rewrite, and will pass several shorter bills to rewrite federal immigration law. Further, he said he won't bring a bill to the floor not supported by the majority of the House GOP. While the Senate came to an 11th-hour compromise over the path to citizenship for illegal aliens by beefing up its border security actions, the House GOP has rejected the Senate's citizenship approach.
This week, Rep. Raul Labrador (R, ID) floated the idea of "legal status" for undocumented workers, a step short of citizenship. Democrats rejected the idea saying all 11 million undocumented workers in the U.S. must be placed on a path to citizenship.
House Judiciary Committee Chair Bob Goodlatte (R, VA) has moved five bills through his committee. One of Goodlatte's efforts rewrites ag guest worker law, but in a manner different from that negotiated between ag growers and the United Farm Workers, underlying the Senate's approach. The other bills deal with border security, interior enforcement, employment verification (E-Verify), and high-tech worker visas. This week it was announced the committee will take up a bill designed to deal with so-called "dreamers," the American-born children or children brought to the U.S. by their undocumented parents. The approach would call for steps necessary to reach citizenship.
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Boxer Wants Governors, EPA to Develop Stronger Regs on Ammonium Nitrate |
Following a hearing two weeks ago in the Senate Committee on Environmental & Public Works Committee on the causes behind a fertilizer explosion in West, Texas, Sen. Barbara Boxer (D, CA) sent a letter to all 50 governors this week calling on them to develop strong regulations on the handling of ammonium nitrate.
"I urge you to review the applicable requirements in your state and in the interest of saving lives, adopt policies you believe will prevent loss of life while allowing the use of ammonium nitrate with appropriate protections or the use of alternatives," she wrote. She also told reporters she intends to hold more hearings on the need for rules.
Boxer also called on EPA to update its guidance on ammonium nitrate storage and handling, and to change regulations on risk management plans companies must follow. EPA said it's "examining its legal authorities." The Fertilizer Institute (TFI) said the industry is working to ensure companies comply with the rules already in force, and said if the Boxer letter enhances that effort, "we're all for it."
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| Bill on Economic Impact of EPA Rules Approved by House Subcommittee | |
Any EPA regulation costing industry more than $1 billion and negatively impacting the economy would be prohibited under a bill approved this week by the House Energy & Commerce Committee's subcommittee on energy and power subcommittee.
The subcommittee chair Rep. Edward Whitfield (D, KY) said the bill requires the Secretary of Energy to review any EPA proposal for impact on consumer energy prices, energy supplies and reliance on foreign energy sources, and to consult with the administrator of the Small Business Administration and the Secretaries of Commerce and Labor on adverse economic impact of EPA proposed rules. Whitfield called these requirements necessary to curb EPA overregulation.
The committee rejected an amendment that would have required the energy secretary to also evaluate the positive impacts of any proposed EPA rule, even after Rep. Joe Barton (R, TX) said the subcommittee should accept the amendment and work on language improvements.
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| Vitter Wants White House Witnesses on Climate Change Hearing Panel | |
A July 18 hearing in the Senate Environment & Public Works on "Climate Change: It's Happening Now" will not include Administration witnesses says panel Chair Barbara Boxer (D, CA), and that decision has drawn criticism from committee Republicans.
Committee ranking member Sen. David Vitter (R, LA) told Boxer in a letter he wants her to reverse her decision to keep government witnesses off the hearing witness list. Citing President Obama's Administration climate change initiative, Vitter said, "Because of the significant interest in and the impacts of these (Obama plan) actions, we request you reconsider your decision to exclude the participation of government witnesses."
"An Administration taking such sweeping actions on climate change should be ready to defend those actions...we are certain the President would accommodate a request to have his officials represent what he so proudly touts as being good for America." Vitter wants to question Administration officials on the "scope, purpose and consequences of such unilateral action."
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| Benefits Done Right Moves to New Space to Plan for Growth |

A small shop called Benefits Done Right Inc. has moved to new offices to accommodate growth under the Affordable Care Act. The company moved to 601 University Avenue from 550 Howe Avenue in June. The new offices include a conference room that will be used as an educational center as the firm positions to help employers and some of the thousands of local residents without insurance sign up for coverage next year inside and out of Covered California, the state health benefit exchange. "We're banking on the fact there will always be a purpose for licensed agents," saidLaurie Rood, who merged her benefits business with Gayle Dax-Conroy in 2000 to form Benefits Done Right. The firm has 14 employees but is hiring No. 15 and expects to bring more on board as needed. The company offers a full range of employee benefits that include health, dental and vision plans, along with employee assistance, group life and disability and 401(k) plans. While the firm focus is on employers with more than 100 employees, the company writes insurance for individuals and has carved out a small division to work with small employers. "The subsidies (available under health reform) are a great way to get people started who fall through the cracks, and we think they'll need a licensed agent to help them find insurance," Rood said. "We want to help people enroll in Covered California." Officials at Covered California adopted policies in May that include a role for insurance agents to receive "market-rate" commissions for enrolling people in plans at Covered California, but made it clear they cannot compensate others linked to the program for referrals.
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NPPC, AFBF Sue EPA to Stop Farmer Personal Data Release |
The National Pork Producers Council (NPPC) and the American Farm Bureau Federation (AFBF) this week sued EPA in federal court and sought a restraining order on the agency to stop it from releasing personal information on farmers and ranchers in response to Freedom of Information Act (FOIA) requests.
The court filing is the most recent action in a long-standing controversy over EPA's previous release of unredacted farmer/rancher information, including names, home addresses, GPS coordinates and personal contact information in response to an FOIA request from the Natural Resources Defense Council (NRDC) and others.
AFBF says EPA is expected to release information on several FOIA requests this week. "This lawsuit is about the government's unjustified intrusion into citizens' private lives," said AFBF President Bob Stallman.
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Agricultural Energy Consumers Association Management Report
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The Pacific Gas & Electric (PG&E) Phase 2 2014 General Rate Case (GRC) continues, to move forward, AECA has submitted extensive data requests as part of our discovery in the case to better understand PG&E's proposal. AECA will be part of that conversation once the process begins. Due to the importance of this matter, a summary of the Phase 2 proposal from PG&E is repeated in this month's Management Report. Once we have reviewed detailed information from PG&E about their proposal, we will begin developing AECA's strategy and testimony in the proceeding.
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OSHA Compliance Training
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REMINDER - OSHA Compliance Training - Globally Harmonized System (GHS)
July, 2013
OSHA has finalized its new HazCom Standard, aligning it with the Global Harmonization System (GHS) for Classifying and Labeling Chemicals. The new system substantially changes the existing OSHA HazCom Standard. Employers must learn new chemical classification criteria, replace ALL MSDSs with new Safety Data Sheets (SDSs), update or replace chemical labels, and train all employees on the new HazCom rules by December 1, 2013.
Regulated industries include any workplace that produces, administers, and/or stores chemicals.
The Risk Management Department at InterWest Insurance Services has developed a comprehensive training platform to comply with the initial December 1st, 2013 employer training deadline. InterWest will present a series of no-cost regionally located seminars to provide your key personnel with the materials and information to comply with the required "phase-in" training.
Who should attend?
- EH&S Coordinators / Officers
- Chemical Manufacturers
- Chemical Distributors / Repackagers
- Shipping / Receiving Managers
- Hazardous Material / Waste Handlers
- Laboratories
- Maintenance Managers
- Safety Managers
- Water / Wastewater Operators
- Operation Managers
Training Schedule - REGISTER NOW!
Chico:
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July 18, 2013
9:00 am or 2:00 pm
InterWest Office
1357 E. Lassen Avenue Chico, CA 95973
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July 23, 2013 9:00 am or 2:00 pm
InterWest Office
1357 E. Lassen Avenue Chico, CA 95973
Sacramento:
- July
25, 2013 2:00 pm InterWest Office
3636 Amercian River Dr, 2nd Floor Sacramento, CA 95864
- July 30, 2013
9:00 am or 2:00 pm
InterWest Office 3636 American River Dr, 2nd Floor Sacramento, CA 95864
August 2013
Redding:
- August 1, 2013
2:00 pm InterWest Office 310 Hemsted Drive, Suite 200 Redding, CA 96002
Merced:
- August 15, 2013
9:00 am or 2:00 pm InterWest Office 368 E. Yosemite Avenue, Suite 100 Merced, CA 95340
Walnut Creek:
- August 20, 2013
9:00 am or 2:00 pm InterWest Office 100 Pringle Avenue, South Tower Walnut Creek, CA 94596
Source: U.S. Department of Labor | Occupational Safety & Health Administration
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